NAT. BANK OF COMMERCE TRUST & SAV. v. SHULL

No. 40271.

239 N.W.2d 505 (1976)

195 Neb. 590

NATIONAL BANK OF COMMERCE TRUST AND SAVINGS ASSOCIATION, LINCOLN, Nebraska, a corporation, Appellee, v. Daniel L. SHULL et al., Appellants.

Supreme Court of Nebraska.

March 11, 1976.


Attorney(s) appearing for the Case

Friedman & Berry, Lincoln, for appellants.

Mattson, Ricketts, Davies, Stewart & Calkins, Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.


SPENCER, Justice.

Appellants-defendants, Daniel L. Shull and Joan C. Shull, appeal from the overruling of their plea in abatement and the entry of a decree of foreclosure. We affirm.

On December 18, 1968, defendants Shull executed a note and mortgage to National Bank of Commerce Trust & Savings Association (NBC) on certain realty. The note provided for monthly payments of $263.57. On August 19, 1974, the Shulls borrowed $57,000 on an unsecured promissory...

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